Genericide, A Quintessential Outcome of Ignoring Passing off or Infringement of Geographical Indications

Abstract

The theme of this paper is Genericide of Geographical Indications. It traces the historical foundation for evolution of Geographical Indications as an Intellectual Property. It reflects on the concept of ‘property’ and ‘intellectual property’ as elucidated by Salmond in his legal classic on Jurisprudence and by the Hon’ble Supreme Court of India. The role of TRIPS in catalysing the enactment of a ‘sui generis’ legislation on Geographical Indications in India i.e., The Geographical Indication of Goods (Registration and Protection) Act, 1999. It discusses a field trip undertaken by the writer to understand the GI potential of a specific variety of rice cereal ‘Zinnia 31’ (Wada Kolam).